SD17 - The Administration of Justice


Executive Summary:

The General Assembly's attention has been directed to the increase in the unauthorized practice of law, and the rise in running and capping. By the enactment of Chapter 373 of the Acts of Assembly of 1958, there was directed a continuing study of these matters (§§ 30-42 through 30-51 of the Code of Virginia).

30-42. (a) There is hereby created a joint committee of the General Assembly to be known as the Committee on Offenses Against the Administration of Justice, hereinafter sometimes referred to as joint committee. Such joint committee shall· investigate and determine the extent and manner in which the laws of the Commonwealth relating to the administration of justice are being observed, administered and enforced and shall specifically direct its attention to the observance and to the methods and means of administration and enforcement of those laws, whether statutory or common law relating to champerty, maintenance, barratry, running and capping and other· offenses of any nature relating to the promotion or support of litigation by persons who are not parties thereto.

"(b) The joint committee is further authorized to investigate and determine the extent and manner in which the laws of the Commonwealth relating to State income and other taxes are being observed by, and administered and enforced with respect to, persons, corporations, organizations, associations and other individuals and groups who or which seek to promote or support litigation to which they are not parties contrary to the statutes and common law pertaining to champerty, maintenance, barratry, running and capping and other offenses of like nature..."

The Committee elected Senator Joseph C. Hutcheson of Lawrenceville as Chairman. Other members of the Committee are: Senators Curry Carter of Staunton and William F. Stone of Martinsville; Delegates Russell M. Carneal of Williamsburg, Francis B. Gouldman of Fredericksburg, Lyman C. Harrell, Jr. of Emporia and James M. Thomson of Alexandria. John B. Boatwright, Jr. and Fletcher W. Harkrader, Jr. served as Secretary and Recording Secretary, respectively. Mr. Harkrader left State employment and was succeeded by Charles A. Christophersen. William H. King of the Bar of the City of Richmond served as counsel for the Committee. Also, investigators were employeed to obtain evidence in areas of interest to the Committee.